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Economy

Democratic Senator: Investigate Banks For Violating Mortgage Settlement

Sen. Barbara Boxer (D-CA)

Amid reports that Wall Street’s largest banks are violating the terms of the mortgage fraud settlement they reached with the federal government and state attorneys general last year, California Sen. Barbara Boxer (D) is calling on regulators to investigate whether banks are complying with the settlement’s terms and a new California law meant to protect homeowners.

A report issued early in April found that the five banks subject to the settlement — JP Morgan Chase, Ally Financial, Bank of America, Citigroup, and Wells Fargo — have violated it in various ways, including by continuing to foreclose on homeowners even as they seek loan modifications. That process, known as dual tracking, was banned by California law in 2012 and prohibited by the settlement. In a letter to federal regulators last week, Boxer called for an investigation into the practices, The Hill reports:

It is essential that you take swift action to ensure that the banks are meeting their obligations under the terms of the settlement and that struggling homeowners receive the assistance they need,” Boxer said in a letter to Attorney General Eric Holder, Secretary of Housing and Urban Development Shaun Donovan and National Mortgage Settlement Monitor Joseph Smith on Friday.

“Too many Californians already have lost their homes unnecessarily during the foreclosure crisis due to bank malfeasance or error,” she wrote.

Reports have also found that banks are still discriminating against minority homeowners, as they did in astounding numbers before the housing crisis, and are failing to sufficiently provide relief required by the settlement.

The reports are yet another indication that the mortgage settlement is coming up short of its goals, as banks have found various ways to get around the requirements that were meant to make them pay for the fraud, abuse, and discrimination they perpetuated before the housing bust and during the foreclosure crisis. Dual tracking and other practices were responsible for an untold number of improper and potentially illegal foreclosures, but after months of banks lagging on their obligations, it now seems the settlement hasn’t yet put an end to the practices.

Health

Senators Push To End The Research Ban On HIV-Positive Organ Donations

Twenty five years after an amendment to the National Organ Transplant Act made it illegal for HIV-positive Americans to receive organ transplants from HIV-positive donors — or to even conduct research on such transplants — a bipartisan group of senators is hoping to reverse course.

Sens. Barbara Boxer (D-CA) and Tom Coburn (R-OK) introduced the HIV Organ Policy Equity (HOPE) Act in the Senate on Thursday to “establish a regular review process in which the Health and Human Services (HHS) Secretary would evaluate the progress of medical research” into organ transplants between two HIV-positive people, with the eventual goal of eliminating the ban on such procedures entirely.

The amendment that led to the current ban was a consequence of the poor understanding of HIV/AIDS-related matters at the time. But as Coburn — who is a physician — said in a press release introducing the legislation, “Our scientific understanding of AIDS is much better than when this research ban was established. Those infected with HIV are now living much longer and, as a consequence, are suffering more kidney and liver failures. If research shows positive results, HIV positive patients will have an increased pool of donors.”

The number of HIV-positive patients successfully receiving liver, kidney, and heart transplants has been on the rise overall, as there is no formal law prohibiting HIV-positive patients from receiving organs from Americans who do not carry the virus. But the new push to end the ban on transplants between two HIV-positive individuals reflects the huge strides in HIV treatments and medical innovation over the last two decades, including the recent FDA approval of a once-a-day HIV treatment pill and vastly increased life expectancy for HIV-positive Americans.

Opening up avenues for organ transplants is especially critical given America’s unsustainable dearth of annually performed transplant operations, which leaves more than 70,000 Americans on transplant lists without the organs they need every year. “With so many lives at stake, it is time to end this outdated ban on research into organ donations between HIV-positive individuals,” Boxer said in the release. A concurrent bill has been introduced in the House of Representatives by Congresswoman Lois Capps (D-CA), a registered nurse.

Security

Hagel Wins Over Key Democrats In Defense Secretary Bid

Sen. Chuck Schumer (D-NY) — rumored to be a potential roadblock in the confirmation of Chuck Hagel as Secretary of Defense, today announced his support of Hagel’s bid — following a lengthy meeting between the two.

Schumer was thought by many to be a bellwether on whether coordinated attacks on Hagel’s stance on Iran and Israel by neoconservatives were having the desired effect. In the aftermath of a ninety minute meeting between the two on Monday, Schumer made clear that the smear tactics of the Washington Post’s Jennifer Rubin and others had not swayed his decision, announcing his support in a prepared statement:

Based on several key assurances provided by Senator Hagel, I am currently prepared to vote for his confirmation. I encourage my Senate colleagues who have shared my previous concerns to also support him. [...]

I know some will question whether Senator Hagel’s assurances are merely attempts to quiet critics as he seeks confirmation to this critical post. But I don’t think so. Senator Hagel realizes the situation in the Middle East has changed, with Israel in a dramatically more endangered position than it was even five years ago. His views are genuine, and reflect this new reality.

In his statement, Schumer also noted that Hagel provided assurances on his commitment to female and LGBT service members, another concern of several members of the Senate.

By announcing his support, Schumer joins Sen. Barbara Boxer (D-CA) in firmly stating their backing of Hagel in the coming confirmation fight. “After speaking extensively with Sen. Hagel by phone last week and after receiving a detailed written response to my questions late today, I will support Sen. Hagel’s nomination as secretary of Defense,” Boxer said in a statement.

Update

In an attempt to push Schumer, the Emergency Committee for Israel — one of the groups leading the charge against Hagel — took out a full page in today’s New York Times urging readers to call Schumer and Sen. Kristin Gillibrand (D-NY) to oppose Hagel. Schumer’s announcement seems to make that ad moot.

Security

Benghazi Review Calls For Restoring GOP Budget Cuts

Among the recommendations of a highly anticipated State Department report on preventing future failures akin to the ones leading up to the Sept. 11 attack on a diplomatic mission in Benghazi, Libya, many share a common thread: restoring GOP cuts to State’s budget.

Testifying before the Senate Foreign Relations Committee today, Deputy Secretaries of State Tom Nides and William Burns laid out the commitment of the Department to implement each of the twenty-four unclassified recommendations put forward by the Accountability Review Board (ARB). One of the most expensive recommendations from the ARB includes restoring full funding for mechanisms put into place after embassy attacks in Kenya and Tanzania in 1999:

Recalling the recommendations of the Nairobi and Dar es Salaam ARBs, the State Department must work with Congress to restore the Capital Security Cost Sharing Program at its full capacity, adjusted for inflation to approximately $2.2 billion in fiscal year 2015, including an up to ten-year program addressing that
need, prioritized for construction of new facilities in high risk, high threat areas. It should also work with Congress to expand utilization of Overseas Contingency Operations funding to respond to emerging security threats and vulnerabilities and operational requirements in high risk, high threat posts.

In order to carry out that and other recommendations, Secretary of State Hillary Clinton intends to request an additional $1.3 billion dollars in funding from Congress, transferred from money allocated for Iraq. This increase would provide for the addition of Marine guards to many of the more dangerous posts around the world, along with increasing the number of State Department diplomatic security personnel and security improvements at overseas U.S. missions. The House and Senate are poised to increase funds available to the Marine Corps to deploy many more Marine Embassy Guards around the world, potentially shifting their mission from one of protecting classified to documents to protecting people.

In Thursday’s hearings, Democratic Sens. Barbara Boxer (CA), Robert Menendez (NJ), and Bob Casey (PA) didn’t shy away from recalling the effect Republican gutting of the State Department budget in the past Congress has had on diplomatic security. Boxer pointed out that the Obama administration requested $2.6 billion for the State Department in 2012, which the House of Representatives slashed. While the Senate was able to restore the a large amount of funding requested, State still wound up $200 million short over the last two years.

Committee Chairman Sen. John Kerry (D-MA) made clear in his opening and closing statements that an increase in the State Department’s budget was a real necessity in the coming years. Kerry, thought to be Obama’s choice to replace Clinton following her pending resignation, will likely utilize many of the same arguments before Congress in the next term.

Several Republicans have attempted to argue in the past that the funding cuts to the State Department’s budget had a negligible effect on the result in Benghazi. Rep. Jason Chaffetz (R-UT), one of the most outspoken critics of the Obama administration in the wake of Benghazi, once proudly declared that he “absolutely” voted for budget cuts to the State Department. The Republicans in the House for Fiscal Year 2013 have already stated that they were willing to put forward $1.934 billion for the State Department’s Worldwide Security Protection program, leaving a sizable gap between them and the $2.15 billion requested by the Obama administration.

(Photo credit: NY Times)

Climate Progress

Senator Boxer Builds Climate Change Clearinghouse: ‘We Are Going To Work On Supporting A Major Bill’

If we see any Congressional action on climate in 2013, it’s likely to come from the Democrat-controlled Senate.

In recent weeks, Senator Barbara Boxer (D-CA) has indicated that Democrats — and possibly some Republicans — will issue a series of small and large bills related to climate change in the 113th Congress.

“I think you are going to see a lot of bills on climate change,” said Boxer to reporters earlier this month. She said that three other Senators already have bills in the works for pricing carbon and adapting infrastructure to intensifying extreme weather.

As Chairwoman of the Environment and Public Works Committee, Boxer is attempting to leverage concerns about climate after Superstorm Sandy and build a coalition of climate-conscious lawmakers to craft legislation. Yesterday, she talked about creating a “clearinghouse” on climate to help organize efforts. The Hill reports:

Boxer said she will co-chair the clearinghouse alongside the chairmen of the Senate Energy and Natural Resources Committee and the Senate Foreign Relations Committee. Boxer first announced the idea earlier in December, and it crystallized further at a meeting Tuesday, she said.

“We are going to review the latest information, we are going to work on supporting a major bill, we are also going to work on various smaller provisions that we think will move us forward and focus on green jobs, energy efficiency and making sure that we get the carbon out of the air, and work with the administration on some executive stuff,” she said in the Capitol.“So I think it is going to be a very major and important clearinghouse because as the science comes in, we are going to take a look at that science so that we are all up to date,” Boxer added.

She said it would be an “open forum” that will provide lawmakers a chance to raise topics of interest to them — such as reports from their states and actions in state legislatures — and ask questions too.

The clearinghouse builds on President Obama’s comments in his first post-election press conference. Although Obama failed to give any details about how he might approach climate in his second term, he talked about the need to have “a wide-ranging conversation with scientists, engineers and elected officials” on how to reduce carbon. Boxer’s climate change clearinghouse would provide a central place for lawmakers to consider the latest science, thus laying the groundwork for possible legislation.

However, even as action builds in the Senate, extreme resistance to climate in the Republican-held House would likely stall momentum on any major pieces of legislation. The Koch-funded and founded Americans for Prosperity has convinced more than 180 House lawmakers to take its “no carbon tax pledge” — including all GOP leaders in the House.

Justice

How One California Senator Hopes To Fix Long Lines At Polling Places


Democrats all over the country are riding the tide of voters’ frustration with the long lines and election chaos caused by Republican vote-suppressing measures this election cycle. Florida legislators are pushing a bill to restore early voting days, while Michigan is considering implementing early voting and same-day voter registration. On the federal level, Sen. Barbara Boxer (D-CA) proposed a national reform Wednesday targeting the hours-long delays many Americans faced when they tried to vote.

The LINE Act would require federal polling place standards by January 2014 — just in time for the midterm elections. Boxer’s press release explains:

The LINE Act (or the Lines Interfere with National Elections Act) would require the Attorney General, in consultation with the U.S. Election Assistance Commission (EAC), to issue new national standards by January 1, 2014 regarding the minimum number of voting machines, election workers, and other election resources that are necessary to conduct Federal elections on Election Day and during early voting periods. The bill explicitly states that the goal of minimum standards is to prevent a waiting time of more than one hour at any polling place.

Senator Boxer’s bill also would require states where voters endured long lines to implement remedial plans to fix the problems before the next federal election. Under the legislation, the Attorney General working with the EAC would identify states that had a substantial number of voters who waited more than 90 minutes to vote in the 2012 election. Those states would have to comply with a remedial plan to ensure voters would not face similar delays in the future.

After logistical chaos and nightmarish lines in critical swing states like Virginia, Florida, Pennsylvania and Ohio, Boxer also wrote a letter to House Speaker John Boehner (R-OH) asking him to assess and improve the Election Assistance Commission’s functionality. The EAC was established after the deeply controversial 2000 presidential election, but is currently operating without a single commissioner or executive director. Boxer’s bill is an attempt to revitalize the agency and allow it to set basic standards for states’ election procedures.

Health

Democratic Women Slam GOP’s Radical Contraception Amendment, Claim It ‘Opens Door To Discrimination’

High-profile Democratic women are hitting back against the GOP’s opposition to the Obama administration’s new rule requiring insurers and employers to offer contraception in their health care benefit plans. Obama exempts houses of worship and nonprofits that primarily employ people of the same faith from covering birth control, while religiously affiliated hospitals and colleges can also eschew the benefit. Their employees would obtain the coverage — at no additional cost sharing — directly from the insurer.

Today, the Senate will hold a vote on a Republican substitute introduced by Sen. Roy Blunt (R-MO), which would allow any and all insurers and employers to deny their employees health benefits and services required by federal law based on their personal religious or moral objections. The measure has 37 co-sponsors — including the GOP leadership, women Republican Senators Lisa Murkowski (AK), Kay Bailey Hutchison (TX), Kelly Ayotte (NH), Democrat Ben Nelson (NE), and Republican Scott Brown (MA). Brown has supported expansive conscience protections for religious organizations throughout his legislative career, but voted for a tougher contraception mandate as a Massachusetts state representative in 2002 and approved of a law requiring all hospitals — including Catholic institutions — to provide emergency contraception to rape victims in 2005.

After defending Obama’s rule last year, Democrats are now on the offensive. Sens. Barbara Boxer (D-CA) and Patty Murray (D-WA) have derided Blunt’s measure as “extreme” and “dangerous,” claiming that “It puts politics between women and their healthcare.” Sen. Jeanne Shaheen (D-NH) warned, “This would gut the protections that were established in the Affordable Care Act and open a Pandora’s box that allows employers to deny coverage for virtually anything they might object to” and yesterday, Massachusetts Senate candidate Elizabeth Warren told the Washington Post’s Greg Sargent that amendment would permit insurers or employers to discriminate against women:

“I am shocked that Senator Brown jumped in to support such an extreme measure,” Warren told me by phone just now. “This is an all new attack on health care. Any insurance company could leave anyone without health care, just when they need it most.” [...]

“This is an extreme attack on every one of us,” Warren said. “It opens the door to outright discrimination. It would let insurance companies and corporations cut off pregnant women, overweight guys, older Americans, or anyone — because some executive claims it’s part of his moral code. Maybe that wouldn’t happen, but I don’t want to take the chance.”

Indeed, under the measure, an insurer or an employer would be able to claim a moral or religious objection to covering HIV/AIDS screenings, Type 2 Diabetes treatments, cancer tests or anything else they deem inappropriate or the result of an “unhealthy” or “immoral” lifestyle. Similarly, a health plan could refuse to cover mental health care on the grounds that the plan believes that psychiatric problems should be treated with prayer.

Individuals too can opt out of coverage if it is contrary to their religious or moral beliefs, radically undermining “the basic principle of insurance, which involves pooling the risks for all possible medical needs of all enrollees.” As the National Women’s Law Center explains, Blunt’s language is vague enough that “insurers may be able to sell plans that do not cover services required by the new health care law to an entire market because one individual objects, so all consumers in a market lose their right to coverage of the full range of critical health services.” As a result, a man “purchasing an insurance plan offered to women and men could object to maternity coverage, so the plan would not have to cover it, even though such coverage is required as part of the essential health benefits.”

Significantly, two Republican women senators — Olympia Snowe (ME) and Susan Collins (ME) — have come out in support of Obama’s modified contraception rule and may oppose Blunt’s measure.

Read the full amendment here.

Fatima Najiy contributed to this post.

NEWS FLASH

Senators Push For Syria’s Assad To Be Charged With Crimes Against Humanity | Four Democratic senators urged U.S. Ambassador to the U.N. Susan Rice to push the U.N. Security Council to refer Syrian dictator Bashar al-Assad to an international war crimes tribunal because of a brutal seven-month crackdown against massive and largely unarmed anti-government protests. “It is paramount that the Security Council refers credible allegations of crimes against humanity by President Bashar al-Assad’s regime to the International Criminal Court,” wrote Sens. Barbara Boxer (CA), Benjamin Cardin (MD), Dick Durbin (IL), and Robert Menendez (NJ), in a letter to Rice. “The people of Syria deserve to know that the people of the United States understand their plight, stand behind them, and will work to bring justice to their country.”

Climate Progress

[Updated] Climate Hawks Boxer, Kerry And Cardin Confirm Opposition To All Climate Zombie Amendments

Climate hawks are starting to take a strong stand against the Senate frenzy to cripple Clean Air Act rules on behalf of global warming polluters. Four anti-climate amendments have been attached to unrelated small business legislation now under consideration. Sen. Mitch McConnell (R-KY), with the support of nearly the entire Republican caucus, submitted the Upton-Inhofe climate denial bill, while Democratic senators Jay Rockefeller (D-WV), Max Baucus (D-MT), and Debbie Stabenow (D-MI) introduced their own bills to hogtie the Environmental Protection Agency.

Sen. John Kerry (D-MA), Sen. Barbara Boxer (D-CA), and Sen. Ben Cardin (D-MD) have been leading the fight against limits of Clean Air Act enforcement of greenhouse pollution rules. Today, spokespeople for these climate hawks confirmed to ThinkProgress that they are committed to opposing any and all of these pollution riders, no matter which party has introduced the legislation.

A vote on at least the McConnell amendment is expected next week.

To call your senator and find out the stance on the four anti-science, pro-polluter amendments, check out the Credo whip count page.

Update

A spokesperson for Sen. Jeff Merkley (D-OR) confirms that he is joining the other climate hawks to vote against any anti-EPA carbon amendment.

Health

Sen. Boxer Highlights The Inequality Of Mini-Med Plans

Yesterday, the Senate Committee on Commerce, Science, and Transportation held a hearing about the administration’s decision to exempt so-called mini-med plans — subprime insurance offered to lower wage employees — from certain requirements in the Affordable Care Act that are intended to protect Americans from insurance abuses until they can purchase more comprehensive coverage from the state-based exchanges in 2014. Democrats criticized employers like McDonald’s — which had warned federal regulators that it could drop its health-insurance plan for 30,000 hourly workers unless regulators waived certain requirements — for selling insurance that “give workers a false sense of protection from expensive illnesses” and argued that “workers would be better with no coverage at all since they could redirect their premiums to spending on their medical care.” Mini-med insurance plans often restrict the number of covered doctor visits or impose a relatively low maximum on insurance payout and beneficiaries often have “no idea of how limited the coverage is.”

During one exchange with Richard Floersch, McDonald’s Corporation Executive Vice President and Chief Human Resources Officer, Sen. Barbara Boxer (D-CA) highlighted the discrepancy between how much the company contributed to the health plans of its lowest wage workers — who presumably would have the hardest time keeping up with growing health care costs — and corporate executives:

BOXER: Mr. Flourish, what percentage of these low income peoples’, health care plans do you pick up? [...]

FLOERSCH: Anywhere from 10 to 20% of the hourly employees that we’re talking about.

BOXER: Okay. What do you pick up for your corporate people?

FLOERSCH: We pick up 80% for our corporate people. We pick up 80% for our restaurant managers. We pick up 80% for our certified swings….70% of for our executives [...]

BOXER: Explain that to me. The people who earn the least you pick up the least of their premiums… you are telling me with a straight face that an hourly employee could afford the same level of coverage that you get? No. And what you do is, you pick up hardly anything of the lowest income people and if you look at — Do you know what, for example, starbucks pays for its workers? 75%.

Watch it:

Boxer suggested that the company could afford to pay a higher percentage towards the health care of its lowest wage employees, noting that the company posted a $4.5 billion profit in 2009. “I’m just saying that you pick up 70 to 80 percent of your higher income workers and 10 to 20 per of your lowest workers,” she said.

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